By: DEBRA GERSH HERNANDEZ HE FBI IS not investigating CompuServe for alleged violations of the Computer Decency Act.
In a letter to CompuServe's Washington attorney, the Department of Justice's Terry R. Lord, acting chief of the Criminal Division's Child Exploitation and Obscenity Section, explained that the complaint from the American Family Association was referred to the FBI for review, not necessarily for an investigation.
"To be clear," he wrote, "the FBI is not conducting an investigation as to whether CompuServe is violating the indecency provisions of the CDA."
Lord noted that the DoJ will adhere to an agreement with the American Civil Liberties Union not to prosecute anyone for violation of the CDA until the ongoing legal challenge in Philadelphia is resolved.
"However," the letter continued, "we do not understand the stipulation to preclude referrals of citizen complaints, since we believe citizens are at least entitled to have their complaints reviewed."
In addition, Lord's letter stated that the FBI "assured us that no investigation of CompuServe for violating the CDA's indecency provisions was requested or is contemplated by them on their own initiative."
CompuServe spokesman Jeff Shafer, who provided a copy of the letter to E&P, said since there is no pending investigation, the company does not feel it has anything to deal with.
The American Family Association is the organization that asked the Justice Department to investigate whether a series of print advertisements for Calvin Klein jeans violated child pornography statutes. Justice officials determined they did not.
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